October 4, 2006

As posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules.

PROPOSALS

AGENCY: 17-229 - Maine Department of Transportation
RULE TITLE OR SUBJECT: Amendment to minor technical portions of existing Rule Number 17-229 Ch. 299, Highway Driveway and Entrance Rules
PROPOSED RULE NUMBER: 2006-P244
CONCISE SUMMARY: In order to be more specific and clarify past confusion, several definitions have been revised and minor changes made to reflect recent changes in organizational structure and reference material. In addition, the spacing requirement for mobility arterials has been relaxed to consider only driveway/entrances on the same side of the highway as that where access is proposed. Under the reconsideration process, a public hearing will be held only if warranted. Several conditions including erosion control and vehicular turn-arounds have been added to every permit as already specified in the rules. Permits will no longer be required for low volume residential driveways in which use is changed from intermittent or seasonal to year round. These proposed changes also provide the opportunity for public input concerning the rules, in general.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 MRSA §704, 23 MRSA §52 and 23 MRSA §4206(5)
PUBLIC HEARING: Friday, October 27, 2006 from 9:00 a.m. to 12:00 noon, Main Conference Room (Room 216), Transportation Building, Child Street, Augusta, Maine
DEADLINE FOR COMMENTS: November 6, 2006
AGENCY CONTACT PERSON: Bruce Mattson, Department of Transportation, Bureau of Maintenance & Operations, Traffic Engineering Division, 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: (207) 941-4310

AGENCY: 17-387 - Maine Pilotage Commission
RULE TITLE OR SUBJECT: Ch. 1, Rules and Regulations
PROPOSED RULE NUMBER: 2006-P245
CONCISE SUMMARY: There are three proposed changes to these rules. The first is to clarify when a state licensed pilot must be onboard a vessel and outline the overall responsibilities of that pilot in the performance of pilotage duties. The second is to clarify the geographic area for which licenses are granted in the port of Eastport and to make the wording consistent with federal license standards for this area. The third is to remove reference to a pilot station in Penobscot Bay that is no longer in use.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §90
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: November 6, 2006
AGENCY CONTACT PERSON: Brian Nutter, Maine Pilotage Commission, Maine Department of Transportation, 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: (207) 624-3564

AGENCY: 18-125 – Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 324, ConnectMe Tax Reimbursements
PROPOSED RULE NUMBER: 2006-P246
CONCISE SUMMARY: The proposed rule provides guidance for taxpayers on how to qualify and apply for reimbursement of Maine sales and use taxes under 36 MRSA §2017. A rule on this topic was mandated by the Legislature in PL 2005, Ch. 665,.the purpose of which is to facilitate the expansion of broadband and wireless service throughout the State of Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §§ 112, 2017(7)
PUBLIC HEARING: none scheduled.
DEADLINE FOR COMMENTS: November 6, 2006
AGENCY CONTACT PERSON: Scott Schul, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9747
E-MAIL: scott.e.schul@maine.gov

AGENCY: 18-125 – Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 401, Service Provider Tax - Return and Payment of Tax
PROPOSED RULE NUMBER: 2006-P247
CONCISE SUMMARY: The proposed rule establishes requirements for the filing of tax returns and the payment of the Maine Service Provider Tax pursuant to 36 MRSA §2554.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §112
PUBLIC HEARING: none scheduled at this time.
DEADLINE FOR COMMENTS: November 6, 2006
AGENCY CONTACT PERSON: David Bauer, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681
E-MAIL: david.e.bauer@maine.gov

AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 131, The Maine Federal, State, and Local Accountability Standards
PROPOSED RULE NUMBER: 2006-P249
CONCISE SUMMARY: This new rule repeals Chapter 131, Rules for the Learning Results, and replaces it with a new rule which proposes changes to the standards and performance indicators established in Ch. 131. The replacement rule, Ch. 131, The Maine Federal, State, and Local Accountability Standards, streamlines the learning expectations of the current Ch. 131 and provides a focus on the knowledge and skills needed for citizenship, workplace and college readiness in the 21st century.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A MRSA §6211
PUBLIC HEARING: October 23, 2006 from 3:00 to 6:00 p.m. in following four locations.
* Room 103 A&B of the Cross Building, Augusta, Maine (site of origin)
* ATM Room, Presque Isle High School, Presque Isle, Maine
* ATM Room, Bangor Library, Bangor, Maine
* ATM Room, Machias High School, Machias, Maine
DEADLINE FOR COMMENTS: November 6, 2006
AGENCY CONTACT PERSON: Anita Bernhardt, Maine Department of Education, 23 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-6835